STROMER WARRANTY PROVISIONS AND LIMITATION OF LIABILITY
myStromer AG (hereinafter: STROMER) congratulates you on the purchase of your new STROMER product. Our name stands for the highest quality, durability and functionality during the definition, production and machining of the materials used as well as for a captivating appearance in the processing, concept and design.
To ensure that you can use your high-quality product from STROMER to experience unlimited enjoyment and riding fun over many years, certain rules must be adhered to that are defined below and specifically in your operating instructions.
Bringing the bikes into their definitive ready-for-road state and therefore assuring riding safety, in particular adjusting the seat position, suspension, gears and brakes to suit the end user, must be performed exclusively by trained specialists.
You as the end customer shall be designated and addressed as buyer (hereinafter: buyer).
These warranty provisions shall regulate the warranty services of STROMER to the buyer and the preconditions under which claims can be made on the warranty services.
The complete warranty provisions as well as the operating instructions can be consulted at any time on the STROMER website: www.stromerbike.com
1. MANUFACTURER WARRANTY
Upon presentation of the original receipt of purchase, the buyer shall be entitled to the warranty services as set forth in the following provisions.
2. PRODUCTS COVERED BY THE WARRANTY
The warranty shall cover all STROMER-specific components that are available exclusively from STROMER dealers, hereinafter referred to as STROMER products. The warranty extends exclusively to STROMER products that are new and exhibit a material or production defect. All other parts and components shall be excluded from this warranty.
Original bike components supplied by‘other manufacturers (in other words, non-STROMER products) shall be subject to the warranty provisions of the manufacturer in question.
3. WARRANTY PERIOD
ST1: 2 years
ST2: 2 years
ST2 S: 3 years
Irrespective of model:
- Frame – 3 years
- Paint – 3 years
- Battery - 75% of capacity within 2 years
4. SCOPE OF THE WARRANTY SERVICES
STROMER assures the following services on the basis of this warranty throughout the respective warranty periods:
· At STROMER’s discretion, repair or replacement with parts/components of the same value, whereby the replacement may vary from that being replaced with regard to the model and/or color;
· Services that are not covered by the warranty and that are within the area of competence of the STROMER dealer, such as the cleaning of STROMER bikes delivered in a dirty state, are charged according to the usual hourly rates. Material and transport are charged at cost;
· STROMER again grants a 2-year warranty on a repair performed or replacement part fitted during the warranty period due to a material or production defect, irrespective of other warranty periods;
· If a STROMER bike is exchanged in full for a new one due to a material or production defect, the same warranty provisions as for a newly purchased STROMER bike shall apply.
5. WARRANTY EXCLUSION
The following components/parts and circumstances shall be excluded from this warranty or lead to exclusion from this warranty:
- If the vehicle is technically modified without the approval of the manufacturer
- Subsequent conversion/installation of incompatible or non-original parts (see operating instructions)
- Wearing parts (see definition of wearing parts given below)
- Non-STROMER parts/components
- Any modification of the version as delivered
- Repairs that have not been carried out by trained specialists
- Inappropriate use/transport (see operating instructions)
- Missing service inspections within an appropriate period (see operating instructions)
- Inappropriate maintenance/operation/upkeep (see operating instructions)
- Damage resulting from omitted or incorrect adjustment(s) or worn components
- Consequences of a fall
- Damage caused by climatic conditions or normal wear
- Damage due to unsuitable cleaning agents, utensils such as high-pressure cleaners or the additives used
- Commercial lending/transfer
The following parts shall constitute wearing parts and be excluded from this warranty:
- Bump stops in forks and shock systems
- Coatings on fork stanchions and shock absorber pistons
- Moving parts made from rubber
- Brake pads
- Brake disks
- Rim flanges/brake surfaces
- Freewheel bodies
- Slide rings and plain bushes
- Bar grips and handlebar tape
- Cassettes, cogs, chain rings
- Bearings and bearing seatings
- Airtight seals/O-rings
- Shifting lever rubber coatings
- Shifting components
- Foam parts
- Fenders, chain guide
- Actuating cables and outer sleeves
- Dust rings
6. ASSERTION AND PROCEDURE OF WARRANTY CLAIMS
Warranty claims are to be submitted to your STROMER dealer in conjunction with presentation of the original receipt of purchase from a STROMER dealer. The warranty period shall run from the date of sale/registration or activation (whichever is the sooner).
Your STROMER dealer shall report your warranty claim, including a description and the serial numbers of the defective parts and the frame number, to STROMER, which shall decide on the further procedure immediately upon receipt of the warranty claim. Should clarification require the parts to be checked, these shall be removed and submitted to STROMER in a clean state.
Products repaired or replaced under the warranty shall be sent to the STROMER dealer. Assembly and basic adjustment must be performed by the STROMER dealer. Should these preconditions not be adhered to, warranty claims of any kind can be rejected.
7. SEVERABILITY CLAUSE
Should a provision from this warranty be or become invalid or exhibit a loophole to be closed, the legal force of the remaining provisions shall remain unaffected. Instead of the missing or invalid provision, a provision that comes as close as possible to the meaning of the original provision shall be agreed.
8. APPLICABLE LAW AND PLACE OF JURISDICTION
For all disputes from or in conjunction with this warranty (also with regard to the question of its conclusion or validity), the exclusive jurisdiction of the courts from the City of Bern shall be agreed. This purchase contract shall be subject to Swiss law with the exclusion of a conflict of laws as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Phone +41 (0)31 848 23 00
NO FURTHER WARRANTY CLAIMS:
THE WARRANTY PROVISIONS OF STROMER ARE COMPREHENSIVE AND DEFINITIVE.
IN PARTICULAR NO PARTY (INCLUDING THE STROMER DEALER) IS OR SHALL BE AUTHORIZED BY STROMER TO GRANT ANY GUARANTEES OR OTHER WARRANTY ENTITLEMENTS OR RIGHTS OVER AND ABOVE THESE WARRANTY PROVISIONS.
SHALL BE AUTHORIZED TO RULE ON ANY WARRANTY CLAIMS FOR STROMER PRODUCTS.
LIMITATION OF LIABILITY AND EXCLUSION OF LIABILITY:
STROMER’S LIABILITY FOR DAMAGE RESULTING FROM DEFECTS TO THE STROMER PRODUCT SHALL ALWAYS BE LIMITED AT MOST TO THE ORIGINAL PURCHASE PRICE OF THE STROMER PRODUCT IN QUESTION.
STROMER SHALL THEREFORE IN NO CIRCUMSTANCES ACCEPT LIABILITY FOR DAMAGE CAUSED BY FORCE MAJEURE EVENTS, CHANCE OCCURRENCES AND/OR UNFORESEEABLE EVENTS, OR CONSEQUENTIAL DAMAGE, IN OTHER WORDS FOR DIRECT OR INDIRECT DAMAGE, LOST PROFIT OR OTHER LOSSES THAT MAY RESULT FROM A DEFECT TO A STROMER PRODUCT.
ANY LIABILITY FOR DAMAGE THAT MAY OCCUR THROUGH USE OF THE STROMER PRODUCT BY THIRD PARTIES SHALL LIKEWISE BE EXCLUDED. SOLELY THE BUYER OR RIDER SHALL BE RESPONSIBLE FOR SUCH DAMAGE TO THIRD PARTIES.
THE ABOVE LIMITATION OF LIABILITY AND THE EXCLUSION OF LIABILITY SHALL NOT APPLY TO THE EXTENT THAT STROMER IS LIABLE ON THE BASIS OF LEGALLY COMPULSORY REGULATIONS.